Employee Contract
<Employer Name>>
Statement of Terms and Conditions of Employment
<<Employee Name>>
<<Date>>
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TERMS AND CONDITIONS OF EMPLOYMENT
BETWEEN
(a) <<Name of Employer >> an organisation registered in <<England and
Wales>> Scotland under registration number << >> whose registered office
is at <<Address>> (hereinafter referred to as “the Employer”)
(b) <<Name of Employee>> of <<Address>> (hereinafter referred to as “you”)
IT IS AGREED as follows:
1. General
This document is a statement of the main terms and conditions of employment
which govern your service with the Employer. Your service with the Employer
is also subject to the terms contained in the letter offering you employment ‘the
offer letter’. If there should be any ambiguity or discrepancy between the terms
in the offer letter and in the terms set out in this document, the terms of the
Offer letter will prevail, except where expressly stated to the contrary
2. Duties and Job Title
2.1 You are employed by the Employer in the capacity of <<job title>>. You will
be required to undertake
[such duties and responsibilities as may be determined by the Employer
from time to time]
OR
[the following duties and responsibilities: <<Job description and/or brief
summary of duties and responsibilities>>]
2.2 The Employer reserves the right to vary your duties and responsibilities at
any time and from time to time according to the needs of the Employer’s
business, following discussion and agreement with you.
3 Date of Commencement/ Date of Continuous employment [and Notice
Period]
3.1 Your period of continuous employment with us begins on <<Date>>.
3.2 [No employment with a previous employer counts as part of your period of
continuous employment.]
OR
[Your employment with <<name of previous employer>> which began on
<<Date>> will count as part of your continuous period of employment with
us.]
3.3 EITHER – If the employment is temporary, use this clause:-
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[Your employment is on a temporary basis and is currently expected to
continue only until <<date>>. Your temporary employment is subject to
termination by either party giving to the other <<number of days/weeks
etc.>> notice in writing of termination of employment. Alternatively, your
employment may be summarily terminated where you are found guilty of
gross misconduct.]
OR – If the employment is for a fixed term, use this clause: -
[Your employment is for a fixed term and will terminate on <<date>>. It
may be terminated at any time before its expiry by either party giving to the
other <<number of days/weeks etc.>> notice in writing of the termination of
your employment. Alternatively, your employment may be summarily
terminated where you are found guilty of gross misconduct.]
OR – If the employment is open-ended use this suite of clauses:
[The first <<number of months>> of your employment will be a
probationary period. During this period your performance and conduct will
be monitored. At the end of the probationary period your performance will
be reviewed and if found satisfactory your appointment will be confirmed.
The probationary period may be extended at the Employer’s discretion.
During the <<number >> months probationary period the notice required
by either party to this Contract to terminate your employment will be one
week.
3.4 In accepting your appointment it shall be deemed that you have accepted all
the terms and conditions set out in this Contract.
3.5 This Contract of Employment annuls any previous agreement whether
verbal or written given to you at any time.
4 Hours of work
4.1 Your normal working hours are between << >> am and << >> pm
Mondays to Fridays inclusive with one hour for lunch [which must be taken
between << >> and << >> pm].
4.2 The Employer reserves the right to alter working hours as necessary,
following discussion and agreement with you.
4.3 [You will be paid for any overtime worked in addition to your normal
working hours on the following basis: ]
OR
[You may be asked to work additional hours beyond your normal hours and
it is a condition of your employment that you agree to do so when
reasonably asked. You will not be entitled to overtime payments for hours
worked outside your normal working hours.]
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5 Place of work
Your normal place of work will be at <<place>><<Address>> or such other
places as the Employer may reasonably require.
6 Remuneration
6.1 Your salary is £<< >> per year, to be paid <<insert frequency e.g. monthly>>
normally on <<e.g. the last Friday of each month>>. Payment will be made
<<specify frequency>> by <<e.g. direct credit transfer to a bank or building
society account nominated by you>>. You will [not] be entitled to overtime
payment for hours worked outside your normal weekly hours (as specified
above). [<< >>].
6.2 Your salary will be reviewed annually entirely at our discretion.
6.3 The Employer reserves the right to seek reimbursement by deduction from
your salary, in accordance with the provisions of the Employment Rights Act
1966 in the event of any material deficiencies attributable to you, in
particular damage to Employer property or in the event of overpayment of
salary, recovery of unearned holiday pay or other remunerations, or if any
other sums are due by you to the Employer arising from your employment.
7 Collective agreements
[There are no collective agreements relevant to your employment.]
OR
[Your employment is subject to the following collective agreement <<specify
relevant agreement>>.]
8 Holidays
8.1 You are entitled to <<28 days [this includes the statutory minimum holiday
entitlement of 20 days, to which 8 days public and bank holidays have been
added. This does not include special bank holidays, which may be given at
the Employer’s discretion]>> holiday in each complete calendar year,
including bank and public holidays.
8.2 The holiday year commences on << >> and finishes on << >> each year.
8.3 If your employment commences or finishes part way through the holiday
year, your holiday entitlement will be prorated accordingly.
8.4 If, on termination of employment: -
8.4.1 you have exceeded your prorated holiday entitlement, the Employer
will deduct a payment in lieu of days holiday taken in excess of your
prorated holiday entitlement, on the basis of <<1/260th>><<specify
calculation>>, and you authorise the Employer to make a deduction
from the payment of any final salary.
8.4.2 you have holiday entitlement still owing, the Employer may, at its
discretion, require you to take your holiday during your notice period
or make a payment in lieu of untaken holiday entitlement.
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8.5 Holidays must be taken at times convenient to the Employer. You must
obtain approval of proposed holiday dates in advance from <<specify job
title>>. You will not be allowed to take more than two weeks at any one
time, save at the Employer’s discretion. You must not book holidays until
your request for approval has been formally agreed.
8.6 All holidays must be taken in the year in which it is accrued. In exceptional
circumstances you may carry forward up to << 5 >> days untaken holiday
entitlement to the next holiday year. This applies for one year only, and
holidays may not be carried forward to a subsequent holiday year.
8.7 If you are sick or injured while on holiday, the Employer will allow you to
transfer to sick leave and take replacement holiday at a later date. This is
strictly subject to the following:
8.7.1 You must contact <<specify job title>> in accordance with the
notification of sickness absence procedure as soon as you know that
your holiday will be affected by sickness or injury;
8.7.2 The full period of your incapacity due to sickness or injury must be
certificated by a qualified medical practitioner, and
8.7.3 Within <<e.g. 5 days >> of your return to work, you must confirm in
writing how much of your holiday was affected by sickness or injury
and the amount of leave you wish to take at another time. This
written notification must be sent to <<specify job title>>.
9 Sickness Absence
9.1 In the event of your absence for any reason you or someone on your behalf
should contact <<specify job title>> at the earliest opportunity and no later
than << specify a time >> on the first day of the absence to inform him/her
of the reason for absence. You must inform the Employer as soon as
possible of any change in the date of your expected return to work.
9.2 A self-certification form should be completed for absences of up to seven
days. The form will be supplied to you.
9.3 For periods of sickness of more than seven consecutive days, including
weekends, you will be required to obtain a Statement of Fitness for Work
(‘Fit Note’) / Medical Certificate and send this to <<specify job title>>. A Fit
Note / Medical Certificate should be sent to the Employer to cover the
period of your sickness absence from work.
9.4 EITHER – When there is no contractual right to sick pay; employee will only
receive SSP use this clause: -
[If you are absent for four or more days by reason of sickness or incapacity,
you are entitled to Statutory Sick Pay (SSP), provided that you have met the
requirements above. For the purposes of the SSP scheme the ‘qualifying
days’ are <<state days e.g. Monday to Friday>>. There is no contractual right
to payment in respect of periods of absence due to sickness or incapacity.
Any such payments are at the discretion of the Employer.]
OR – When the Employer operates a sick pay scheme, use this clause: -
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[If you are absent through sickness or incapacity, and you have complied
with the requirements above, you will be paid Occupational sick pay, for up
to a maximum of << >> days in any calendar year. Occupational sick pay is
equal to normal basic salary. Thereafter you will receive Statutory Sick Pay
in accordance with the law.]
9.5 The Employer has the right to monitor and record absence levels and
reasons for absences. Such information will be kept confidential.
9.6 The Employer may require you to undergo a medical examination by a
medical practitioner nominated by us at any stage of your employment, and
you agree to authorise such medical practitioner to prepare a report
detailing the results of the examination, which you agree may be disclosed
to the Employer. The Employer will bear the cost of such medical
examination. Such an examination will only be requested by the Employer
where it is reasonable to do so.
10 Maternity and Paternity Rights
The Employer will comply with its statutory obligations with respect to
maternity and paternity rights and rights dealing with time off for dependants.
The Employer’s policies in this regard are available on request from <<specify
job title>>.
11 Pension
11.1 [There are no pension arrangements applicable to your employment]
OR
[The designated pension scheme is << name >>. Details can be found in
<<State where e.g. Employee Handbook>> or obtained from <<specify job
title>>][The Employer will make a contribution of <<state %>> of your
salary. You may contribute up to <<state %>> of your salary.]
OR
[If you are eligible, the Employer will auto-enrol you into a pension scheme,
in accordance with the Employer’s pension auto-enrolment obligations.
Full details of the scheme will be provided when you are enrolled, including
the minimum contribution level that you will be required to make and your
right to opt out if you do not want to join the scheme. While participating in
the scheme, you agree to worker pension contributions being deducted from
your salary.
The scheme is subject to its rules as may be amended from time to time, and
the Employer may replace the scheme with another pension scheme at any
time.]
11.2 A contracting out certificate is [not] in force.
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12 Non – Compulsory Retirement
The Employer does not operate a normal retirement age and therefore you will
not be compulsorily retired on reaching a particular age. However, you can
choose to retire voluntarily at any time, provided that you give the required
period of notice to terminate your employment.
13 Restrictions and Confidentiality
13.1 You may not, without the prior written consent of the Employer, devote
any time to any business other than the business of the Employer or to
any public or charitable duty or endeavour during your normal hours of
work.
13.2 You will not at any time either during your employment or afterwards
use or divulge to any person, firm or Employer, except in the proper
course of your duties during your employment by the Employer, any
confidential information identifying or relating to the Employer, details
of which are not in the public domain.
14 Mobility
You may be required to travel on Employer business anywhere in the UK. Travel
and subsistence will be paid to you in accordance with the Employer’s Expenses
Policy.
15 Grievance Procedure
The formal Grievance Procedure is available on request from <<specify job
title>>.
16 Disciplinary Procedure
The disciplinary rules applicable to your employment are set out in the attached
Disciplinary Rules and Procedure.
17 Employee Handbook and Employment Policies
All employees have a duty to adhere to the Employer’s other policies in force,
including but not exclusive to the Employer’s Health and Safety, Fire Safety,
Sickness and Absence and Equal Opportunities Policies.]
18 Termination of employment
18.1 EITHER
[During the << >> months probationary period the notice required by
either party to this Contract to terminate your employment will be one
week.
After the successful completion of any probationary period, your
employment may be ended by you giving the Employer one month’s
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written notice. The Employer will give you one month’s written notice and
after four years’ continuous service a further one week’s notice for each
additional complete year of service up to a maximum of 12 weeks’ notice.
18.2 The Employer reserves the right in their absolute discretion to pay you
salary in lieu of notice.
18.3 Nothing in this Contract prevents the Employer from terminating your
employment summarily or otherwise in the event of any serious breach by
you of the terms of your employment or in the event of any act or acts of
gross misconduct by you.]
OR (this option reflects the statutory notice period provided by law)
Your contract of employment may be ended by written notice as follows:
Notice to be given by the Employer:
Length of continuous service Minimum period of notice
From one month up to two years One week
From two years to 12 years Two weeks and one additional
week for each continuous year of
employment in excess of two years
12 or more years 12 weeks
Notice to be given to the Employer:
Length of continuous service Minimum period of notice
Less than one month One day
One month onwards One week
The Employer reserves the right in our absolute discretion to pay you
salary in lieu of notice.
Nothing in this Contract prevents the Employer from terminating your
employment summarily or otherwise in the event of any serious breach by
you of the terms of your employment or in the event of any act or acts of
gross misconduct by you.
19 Data Protection
You agree to the Employer holding and processing, both electronically and
manually, personal data about you (including sensitive personal data as defined
in the Data Protection Act 1998) for the operations, management, security or
administration of the Employer and for the purpose of complying with
applicable laws, regulations and procedures.
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20 Confidential Information
You will not at any time either during your employment or afterwards use or
divulge to any person, firm or Employer, except in the proper course of your
duties during your employment by the Employer, any confidential information
identifying or relating to the Employer, details of which are not in the public
domain.
21 Copyright, Inventions and Patents
21.1 All records, documents, papers (including copies and summaries thereof)
and other copyright protected works made or acquired by you in the
course of your employment shall, together with all the world-wide
copyright and design rights in all such works, be and at all times remain
the absolute property of the Employer.
21.2 You hereby irrevocably and unconditionally waive all rights granted by
Chapter IV of Part I of the Copyright, Designs and Patents Act 1988 that
vest in you (whether before, on or after the date hereof) in connection
with your authorship of any copyright works in the course of your
employment with the Employer, wherever in the world enforceable,
including without limitation the right to be identified as the author of any
such works and the right not to have any such works subjected to
derogatory treatment.
22 Changes to Terms and Conditions of Employment
The Employer may amend, vary or terminate the terms and conditions in this
document [and in the Employee Handbook/Manual]. Any such change to your
terms and conditions will be subject to consultation and agreement with you
and notified to you personally in writing.
23 Severability
The various provision of this Agreement are severable, and if any provision or
identifiable part thereof is held to be invalid or unenforceable by any court of
competent jurisdiction then such invalidity or unenforceability shall not affect
the validity or enforceability of the remaining provisions or identifiable parts.
24 Jurisdiction
This Agreement shall be governed by and construed in accordance with Scots
Law and Scottish Courts.
Issued for and on behalf of <<Employer Name>>
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Signed: ……………………………………… Date:
Employee
I hereby warrant and confirm that I am not prevented by previous employment
terms and conditions, or in any other way, from entering into employment with the
Employer or performing any of the duties of employment referred to above. I accept
the terms of this Agreement.
Signed: ………………………………………… Date:
<<Name of Employee>>
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